Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-03-01
4HB Willis Case.
Col. Walton, Judge Davis and Judge
Carroll Address the House in Fa-
yOr Of the Minority Report.
They Pronounce the Proceedings Un'
constitutional and Deny the Houses
Power 10 Sit as q Jury.
Attorney General Hogg Begins BIS Argu
rncnS for the Prosecution-Sone
Strong Points Are Made.
S Jecial to the Gazette.

Strong Points Are Made.
S pecial to the Gazette.
AUSTIN TEX, Feb. 2o.-The Frank
Willis case came before the House ahis
morning as tie special order of business.
A resolution was offered and adopted TO
allow the defendant TO be heard by HIM
self and counsel and the state by the At
tOrney-General, and that each side be
allowed four hours each 10 argue the case
before the House, after which the mem
bers would be allowed to discuss the
matter as in other questions before their
body. The reports of both the majority
and minority OF the special committee,
which have been heretofore published in
THE GAZETTE, were read from the clerk s
desk
Colonel Walton, one OF the counsel for
the defense, was granted the privilege to
read an answer to the charges preferred
by the majority OF the special committee.
Judge jim Davis then offered the case
in behalf of the defense, and in substance
said that if he were in the courtroom
where they were confined to rules and
precedents he would know how to
proceed, but before this body, fresh
from the people, confined to no rules,
precedents or any line OF action to be found
after searching glance through the vol
luminous laws OF England AMI statutes
and laws of this country, he felt that it
was unlike any case ever before tried by
any tribunal. Nevertheless, though an
yfrop Il ha =
believe until the vote was cast tnat Judge
Willis would be found guilty by this boOy
of Representatives, laying down the
problem that If Judge Wills could be de
prved Of his office for sets charged
agalnst nim before his last election, could
he not be removed after the next
election, and would this rule not Apply To-
Every man who might be elected 10 Office?
He then took no the masters connected
with the evidence and reviewed
th-m at great length and occu-
pied some time reading she law
authorities upon which Judge Willis
pr dicated his defense, winding up his
argument By di1claiming any desire to
influence the House by an appeal TO their
sympathies in behalf of his client, nor did
be hope to enlighten or Instruct them;
but he desired them to compare Judge
Willis cs2s'Ti;h The precedents set forJh
in English history, where, in the name of
law, injustice waS committed, but he
hoped that il would never be said Of this
b. dy that they had wronged the defend
ant in this case.
The House then adjourned until 2:30
O'Clock p. m.
Wner the House convened in afternoon
session to listen to the resumption of the
argument n the Judge Wills case Atr0r-
Gey General Hogg addressed the Speaker
and stated that he had agreed to allow
Judge Carroll, one of the attorneys for
the defendant, 20 occupy one half hour of
his time.
Judge Carroll, sitter thanking the At
torney General for the courtesy extended
10 allowing him TO be heard in defense OF
Judge Willis against the charges pre-
ferred, SAID be could not under
stand exactly the situation before
the House, how they would
decide on the question when they had no
evidence to act upon, but only the con-
hicting tales of the majority and minority
reports of the special committee. He
asked if there was any man on the floor
VINO would take such testimony even in
Justic's court. lie could see no reasons
why they could not just as well take the
conclusions of the minority as those Of
the majority of the committee, when t'ey
both drew their conclusions from the
same source. He said the cattlemen
were holding the lands in the Panhandle
under color of right, which the Su-
Dreme court had not decided, and in this
particular Judge Willis was against the
influence Of Goodnight and others. He re-
ferred to TIE matter of the District At
torney and Sheriff receiving salaries from
the cattlemen, and said that they had re-
ceived these salaries before they became
such officers. He warned the Attorney
General if he ever went on the bench to
beware how he tampel ed with the luries,
who were the safeguard of the people
Relative to ? II. Nels' ms being tried in
his absence, he said that he was repre-
scented By one Of the most able lawyers in
the state, and that as the District Attor-
Dey did not insist on the punishment of
Imprisonment the appellate court would
mol tbs. his presence would not be neces-
sary to valid verdict. He claimed that
j ,dge Wilson held as well as Judge Will
lis that the lease law WAS unconstitu-
tional.
Judge Walton then spoke in be-
half of the defense. He said that
he mad no desire 10 reflect
on the conduct of any person notwith-
standing be had never seen anything like
these proceedings before. He said It
had been his fortune more than once 10
take part in proceedings to rid the bench
OF men VINO dissraced law and justice IN
the days following the reconstruction,
when Governor Coke csme into the exec
utive chair. The constitution even then
stood as a safeguard against the Charges
that would make the judiciary tremble in
the presence of the L -gislature. He then
read from the formula OF impeachiug and
addressing men out of Office under the
rules formed under the constitutions Of
1869 and 1874 After reading the rules
he asked where was the authority
that had induced the Attorney Gen
eral to bring the proceedings under
the present status before this House, for
nowhere under the sun could precedent
like it be found in matters of impeach-
ment. The only office the House of Rep
raSantativos fnuld nprfOrD WsG SjmiI ar